102 CASE OF THE UNITED STATES. 



a reasonable time ; and this without a full examination of the circum- 

 stances under which they may have entered the port. Now, the 

 tishermen of the United States believe (and it would seem that they 

 are right in their opinion, if uniform practice is any evidence of 

 correct construction,) that they can with propriety take fish any 

 where on the coasts of the British provinces if not nearer than three 

 marine miles to land, and have the right to resort to their ports for 

 shelter, wood and water; nor has this claim, it is believed, ever been 

 seriously disputed, based as it is on the plain and obvious terms of 

 the convention. Indeed, the main object of the treaty was not 

 only to secure to American fishermen, in the pursuit of their employ- 

 ment, the right of fishing, but likewise to insure to them as large a 

 proportion of the conveniences afforded by the neighboring coasts of 

 British settlements, as might be reconcilable with the just rights and 

 interests of British settlements, and the due administration of her 

 Majesty's dominions. The construction, therefore, which has been 

 attempted to be put upon the stipulations of the treaty by the 

 authorities of Nova Scotia, is directly in conflict with their object, 

 and entirely subversive of the rights and interests of the citizens of 

 the United States. It is one moreover, which would lead to the 

 abandonment, to a great extent, of a highly important branch of 

 American industry, which could not for a moment be admitted 

 by the government of the United States. The undersigned has also 

 been instructed to acquaint Lord Palmerston that the American 

 government has received information that in the House of Assembly 

 of Nova Scotia during the session of 1839-40, an address to her 

 Majesty was voted, suggesting the extension to adjoining British 

 colonies of rules and regulations relating to the fisheries, similar to 

 those in actual operation in that province, and which have proved so 

 onerous to the fishermen of the United States; and that efforts, it is 

 understood, are still making to induce the other colonies to unite 

 with Nova Scotia in this restrictive system. Some of the provisions 

 of her code are of the most extraordinar}^ character. Among these 

 is one which declares that any foreign vessel freparing to fish within 

 three miles of the coast of her Majesty's dominions in Ajnerica shall, 

 together with her cargo, be forfeited; that in all cases of seizure, the 

 owner or claimant of the vessel, &c., shall be held to prove his inno- 

 cence, or pay treble costs; that he shall be forced to try his action 

 within three months, and give one month's notice at least to the 

 seizing officer, containing everything intended to be proved against 

 him, before any suit can be instituted; and also prove that the notice 

 has been given. The seizing officer, moreover, is almost wholly irre- 

 sponsible, inasmuch as he is liable to no prosecution if the judge 

 certifies that there was probable cause ; and the plaintiff, if successful 

 in his suit, is only entitled to two pence damages without costs, and 

 the defendant fined not more than one shilling. In short, some of 

 these rules and regulations are violations of well established prin- 

 ciples of the common law of England, and of the principles of the 

 just laws of all civilized nations, and would seem to have been 

 designed to enable her Majesty's authorities to seize and confiscate 

 with impunity American vessels, and embezzle indiscriminately the 

 property of American citizens employed in the fisheries on the coasts 

 of the British provinces.** 



a Appendix, pp. 463, 464, 



